WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR COMPUTER FRAUD?

There are tens of thousands of computer fraud cases reported in the UK every year. If you have been charged with computer fraud, engaging a criminal defence solicitor is key to ensuring that your rights are protected from the outset. This article aims to address some of the common concerns you might have, such as whether you need a solicitor specifically for computer fraud, what potential defences are available, and if obtaining bail is a possibility. We will also explore other pertinent questions that often arise following an arrest or charge for computer fraud.

Do I need a solicitor for computer fraud?

 The complexity of these offences and the severe consequences they carry make it crucial to consider legal assistance.

Firstly, the nature of computer fraud cases often involves intricate details about technology and data handling that can be challenging for an individual to navigate without expert guidance. A solicitor with experience in computer fraud (prosecuted under the Fraud Act 2006) can help you understand the specific charges against you, the legal process you will face, and the best defence strategies available. They will be familiar with the nuances of fraud and cyber law and have the technical expertise to analyse the evidence, which can be invaluable in your case.

Without legal representation, you might struggle to effectively challenge the evidence presented by the prosecution. A solicitor will scrutinise the evidence for any inaccuracies or inconsistencies and can argue for the exclusion of illegally obtained evidence. Additionally, they can negotiate with the prosecution on your behalf, potentially leading to reduced charges or a more favourable plea bargain.

Finally, the penalties for computer fraud can be severe, including hefty fines and lengthy prison sentences. A solicitor can work to mitigate these consequences, arguing for lesser penalties or alternative forms of punishment. They can also provide guidance on what to expect during court proceedings and advocate for you throughout the entire legal process.

What are possible defences for computer fraud?

 Some common defences that might be applicable in cases of computer fraud include:

• Lack of intent. For many computer fraud charges, the prosecution must prove that there was intent to commit the crime. If the accused can demonstrate a lack of intent, they may argue that any access or action was accidental or unintentional. For instance, if someone accessed a system due to a misunderstanding or technical error without any intention to cause harm or commit fraud, this could potentially be a valid defence.
• In certain cases, the accused may have had permission to access the computer system or data in question. This defence could be particularly relevant in situations where the individual was given explicit or implicit consent to access the resources, thus negating any unauthorised access claims.
• Mistaken identity. In a field reliant on digital footprints and data trails, it’s possible for someone else to have used the accused’s details or devices without their knowledge. Demonstrating that someone else may have committed the fraudulent acts could help in proving the accused’s innocence.
• Evidential validity. Questioning the validity or accuracy of the digital evidence might involve showing that the technology used to identify the accused was defective or that the evidence was tampered with or obtained unlawfully.

Will I get bail for computer fraud?

 Courts in England and Wales will generally assess these factors to determine the likelihood of granting bail:

• Nature and seriousness of the offence: The severity of the fraud and its impact will be closely examined. Whether the fraud involved significant financial loss or affected numerous individuals could influence the bail decision.
• Previous convictions: If you have previous convictions, especially related to fraud or similar offences, this may affect the court’s decision, as it might suggest a pattern of behaviour.
• Risk of re-offending: The court will assess whether there is a likelihood of you committing further offences while on bail, particularly in light of any available evidence suggesting a readiness to engage in similar activities if released.
• Risk of fleeing: The court will consider whether you might attempt to abscond and avoid trial if released on bail. Factors such as personal ties to the community or family obligations can be integral to this assessment.
• Interference with witnesses or evidence: The court will evaluate whether there is a risk that you might interfere with witnesses, tamper with evidence, or otherwise obstruct the course of justice while on bail.
• Compliance with bail conditions: The court may consider whether you are likely to adhere to any conditions imposed, such as surrendering your passport, reporting to a police station, or avoiding contact with certain individuals. A history of breaching bail conditions could negatively impact your chances of being granted bail.

Will I have to go to court if I’m arrested or charged for computer fraud?

 If charges are brought against you, there are a few possible outcomes regarding court proceedings:

• Out-of-court resolution: In some instances, minor offences or those deemed less severe might be dealt with outside of court, possibly through a caution or warning. However, this is relatively rare for computer fraud cases, especially if the offence involves significant harm or loss.
• Magistrates’ Court: If your case is more straightforward and deemed less serious, it might be heard in a Magistrates’ Court. Here, the magistrates can decide on your guilt and impose any penalties if you are convicted. It is worth noting that the maximum sentencing powers of the Magistrates’ Court are limited compared to higher courts.
• Crown Court: For more serious computer fraud cases, or if you elect a trial by jury, your case will be tried in a Crown Court. This typically happens when the accusations involve large-scale operations or significant sums of money.

Will I go to jail if found guilty of computer fraud?

Whether you go to jail for computer fraud depends on several factors. The scale of the fraud is crucial: offences involving large sums of money or significant harm to victims are more likely to result in imprisonment. Your role and intent also matter. If you were the mastermind behind a sophisticated operation, you are more likely to face a custodial sentence than someone with a minor role or who acted impulsively.

The court will also consider your criminal history. First-time offenders may receive more lenient sentences, such as fines or community orders, while repeat offenders are more likely to face jail time. The harm caused to victims, including financial loss or emotional distress, and the level of sophistication of the fraud, such as the use of advanced techniques, can also increase the likelihood of imprisonment.

Finally, entering a guilty plea early can reduce your sentence and may help you avoid jail in less severe cases.

Will I go to jail if it’s my first offence of computer fraud?

 Serious circumstances involving substantial financial losses or highly sophisticated methods are likely to lead towards incarceration, even if the offender is a first-time offender.

The court will take into account your personal circumstances and any mitigating factors that could influence sentencing. These can include:

• Your age and maturity
• Whether you have any prior criminal history
• Any evidence of remorse and taking responsibility for your actions
• Cooperation with the police during the investigation
• Personal circumstances, such as health issues or dependent family members

For first-time offenders, the court may consider options other than imprisonment, especially if the fraud is viewed as lower level, but this is certainly not guaranteed.

Can I get Legal Aid for computer fraud?

 Whether you qualify for Legal Aid depends on several factors, including the nature of your case and your financial circumstances.

Computer fraud, being a serious offence, is typically classified as a matter that can qualify for Legal Aid (satisfying the merits test). There are, however, other personal financial criteria you must meet to be eligible. A means test will be conducted to assess your financial situation. This test considers your income, savings, and outgoings. You’d generally be required to provide details about your earnings, benefits, and any property you own. If your financial resources fall below a specified threshold, you may qualify for Legal Aid assistance.

Where to get more help

 Having the right legal support can make all the difference in achieving the best possible outcome in your case. A skilled and experienced criminal defence solicitor will not only protect your rights but also guide you through the complexities of the legal process, offering clear advice and a strong defence tailored to your case. Whether you need help understanding your options, building a defence, or navigating court proceedings, professional legal representation is essential. For expert advice and dedicated support, contact Stuart Miller Solicitors today to discuss your case and take the first step toward resolving your situation.

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13:26 04 Feb 25

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10:06 28 Jan 25

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14:25 20 Jan 25

Mr Kibla, whom was a duty solicitor at the time of my visit to one of the courts, was really helpful and did his duty with utmost professionalism, care and consideration. Well done, and thank you!

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16:48 16 Jan 25

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20:24 06 Mar 24

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10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

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15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

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20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

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20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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12:36 22 Jan 24

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22:14 20 Jan 24

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Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

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19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

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20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

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11:13 06 Dec 23

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asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

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15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

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05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

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21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

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03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

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14:50 14 Nov 23

Fantastic solicitors. Would highly recommend them. All staff are amazing

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06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

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22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

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20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

Kit Jenkins

06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

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18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Rules

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

Berivan Murat

14:13 04 Oct 23

Fantastic service. When I was going through my case they were very comforting and helped keep me sane during my proceedingsAnd was patient through my anxiety

kevin Lutchmiah

12:42 04 Oct 23

Excellent communication skills the correct result thanks guys

Shabbir Ahmad Safi

12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

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